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2026 DAILYLAW 14153 (BOM)

DATTATRAYA NATHA NIMSE v. KANTABAI RANU NIMSE AND OTHERS

WP/13377/2026 · 2026-09-30

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Judgment text

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1 935wp13377.26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 935 WRIT PETITION NO. 13377 OF 2026 DATTATRAYA NATHA NIMSE VERSUS KANTABAI RANU NIMSE AND OTHERS ... Advocate for the Petitioner : Mr. Palod Lalitkumar Bansilal … CORAM : MANJUSHA DESHPANDE, J. DATE : 30.09.2026 PER COURT : 1. The petitioner is raising an objection to the order Exhibit 94, passed in Regular Civil Suit No. 255 of 2023, dated 17.08.2026 by the 3rd Jt. Civil Judge Senior Division, Ahmednagar. It is the contention of the petitioner that an application has been filed by the Original Plaintiff for production of documents along with list of documents Exhibit 95. This application has been allowed in the interest of justice and fair trial by observing that the documents in the list Exhibit 95 at Sr. No. 1 is a public document and in view of Section 74 of the Evidence Act, the documents were marked as Exhibits 101 to 104. So far as the documents at Sr. No. 5 and 6 are relinquishment deeds is concerned, defendant No. 5 had conceded that the document at Sr. No. 5 may be exhibited only for the purpose of reference and not for other purpose. Since there is no pleading about it, even that document has been marked as Exhibit 105 and accordingly the application is disposed of. 2 935wp13377.26.odt 2. Now the petitioner is taking exception to the said order on the ground that he has conceded for exhibiting the document for reference purpose and the Court is likely to take into consideration the aforementioned documents while passing the order as the evidence is complete and after the arguments of both the parties were concluded the aforementioned application has been filed. 3. The Writ Petition has been filed only on the basis of apprehension. Since this Court is not inclined to pass order on the basis of apprehension, the learned Advocate for the petitioner seeks withdrawal of the Writ Petition with liberty to file appropriate application before the Court if occasion arises. 4. The Writ Petition is disposed of as withdrawn, with liberty as prayed for. ( MANJUSHA DESHPANDE, J. ) Mahajansb/